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Deposit question - no lease agreement

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  • 05-04-2012 7:32pm
    #1
    Hobbitfeet
    Closed Accounts Posts: 767 ✭✭✭


    we moved into a house at the start of last August and are moving out at the end of this month. I told the landlord at the start of the month giving her 1 months notice. She has now said she won't repay our deposit as we are moving out before 12 months, the thing is we have no lease agreement or written contract with her. I asked her numerous times to get one and she said she would but never did.
    So we did say we would stay for a year but now have to move out early as we have neighbours from hell and its not safe as I have an 8 week old baby and my partner works nights every 2nd week I don't feel safe being here on my own.
    So I guess my question is can she legally not repay our deposit? The house is in better condition now as we have done some work to it with our own money so there is no damage she can claim for taking deposit, we have given her months notice and she has no written agreement we do have a receipt showing we paid €500 deposit


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    #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hi, you could get onto the PRTB who can advise. https://www.prtb.ie/


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    As there was no written agreement (and I presume there was no verbal agreement that you would stay for a year or similar amount of time) then, under the Residential Tenancies Act 2004, you have a Part 4 tenancy.

    A Part 4 tenancy allows you to give the landlord 35 days (as you have been in the residence for more than 6 months but less than 1 year) written notice to vacate the property. You do not have to give a reason for leaving.

    Your landlord may be able to keep 1 week's rent but I think that a claim with the PRTB might go in your favour, especially if your landlord did not try to re-let the house and if your notice to terminate was not in written form. The PRTB tend to side with the tenants as they are non-professionals as opposed to a landlord who should know all the laws pertaining to renting.


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